New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1887-02-23
THE TILDEN WILL CONTEST.
WHY THE EXECUTORS HAVE MADE DELAY.

A TALK WITH GEORGE II. TILDEN-OFTERs OF
COMPROMISE MADE.
George H. Tlden, the plaintiff In the action to set
asldo the trustee clauses in Samuel J. Tlden's WILL
came to the city from his homo at New-Lebanon last
night to consult with his lawyers regarding forthoom
ing movements in the cass While not inclined to dis
cuss ut any length the phases of the suit, he said
enough to show th,t he s thoroughly in earnest the
matter and Is confident OF securing verdict in his
favor.
From the moment heard my uncle's will read"
he said; have felt that nv brother and myself and
not Doubt That were yh Ipusy dealt WIZ una M da
course to the proper tribunal did institute the
Aoon because forced to do 1t by oeditors,
stated recently In New-York paper. but solely of
my own accord and because regarded it as duty to
myself and the members OF my family The most re-
mote remove from the truth that have printed is
avarve. and that to benefit myself / am trying to
wrest from the poor people OF New-York . munfoent
bequost to be used tor their benefit The fact that
no one wishes that the Ioor should benefit by my
uncles estate more than do but under the conditions
OF tho will ! fail to see where they are to reap any
advantage since there no dedrite directions as
the disposition OF the trust fund All thot /. the
representative OF my brother and myself desire is the
liquidation OF the enormous debt which we assumed at
the request or tho Governor and upon the distinct
will.
"The cause of the delay in bringing the action
which mas been 50 widely commented upon was an in
yesgation OF the circumstances under which the debt
OF $500 that the will releases from con-
traeed. Uutil the will read we had never heard
OF this debt, and upon inquiry found that 10
based upon the failure OF buscess enterprise carried
on by Henry A. and Moses Y. Tilden, my father and
uncle, with tho Governor % silent partner, while
my brother and myself still chdreo. Large
losses were sustained throngn this venture. and in
order TO shield himself the Governor induced my
fnher and unc TO assume the responsibility OF paying
all the creditors, he, OF course furnishing the greatest
portion OF the money.
The Judgments amounting 70 1913 1873 50 which
ia MT 10 no Of
will represent the ndebte ness contracted by Moses
Y aud Henry A. Tilden, which assumed in connec-
ton With the pharmaceutical factory They did not
grow out OF the business OF the factory. for that has
always BEEN paving investment, but represent money
borrowed to consire the Lebanon Railroad to build
the hotel at Neville banon and to make other improve
mcns in Columbia County, all OF which resulted dis
aStr.onsly IRON 1 financial point OF view Of thi,
liability paid 500 0DO from the profits OF the drug
business after IL came into hands The judgments
were declared and recorded at our request.
That there should hayo been any discussion over
tho bill Dcorpoi atm the Tden Trust in the Assembly
u regretted much by any one. Tho adding OF
clause siipul ting tIAt nc thing aned in the bill
shou he construed ~ affecting the pending suit was
proposed by only when 1t became evident that the
executors intended TO take advantage OF the measure
to strengthen their side OF the Ii no more
than Tight, then, that our rights should be amply pro-
tccted. The statement made the floor of the House
aGd by newspaper that had large lobby paid 10
work IN our interests waa an unmtgated falsehood.
We dd not cent for such PURPOSES nor did we
attempt to Influence members Ia any other way than
by planning TO them the situation and the or
incorporating such a clause III the act"
The Trust Fund bill will probably como up in
the Senate early next week. and there IN reason for
doubling that il will be passed exactly from
the Assembly. Most OF the Senators have already
expressed themselves believing that clause pro-
tectng the heirs should torn part OF the bll and in
stat that ia presence there can certainly do no harin
After IL has passed the Senate il Is reasonably sure
that the Governor will ri n IL, as he mad al
ready given il bis opinion that no act OF
the Legislature should be permitted to prejudice
pending suits. tho executors WILL OF course night tbs
protecting clause at every turn. l IA sad that their
princp, object in doing tits that they may get the
trust Incorporated appoint two trustees besides them
selvra making the five required by the WILL and turn
the estate to them before the suit oi the
heirs actually gets into The courts After the estate
has been gned 10 the trust IL would be much
more difficult TO reach II through the meshcs of the
law than II were in the hands OF the executors and
tecting clause in the bill under these circumstances
acts practically IA an injunction.
The attorneys Tor the executors seem TO have taken
advantage OF every opportunity tn keep the case IRON
being placed the court calendar until the act ol in
corporation was passed Their scheme Oi procras,na-
ton became evident after tho SUMMONS IN tho
action served when they held out the hope from
time time that the matter could he compromised
la order To delay the serving of the compliant Since
this filed they have obtained two extensions OF
time ia which to answer one OF twenty days
by tho courtesy OF Delos McCurdy of Vandcrpoel.
Green Cunning. the plaintiffs attorneys ana the
other OF thirty days by order vi the court. The limit
.o the latter post Ioncmcnt will expire March 7, and
une-s the protecting clause be stricken OF by the
Senate, rcscinded by the Assembly, and the bill In
that shape he signed by the Governor IL is probable
that the delay will prove to be OF little value to them,
since tho court Is not likely TO grant them another
tension.
1t is understood that Joseph IT, Choate, OF the law
firm OF Evars, Cioato Il Beaman, will hereafter be
associated in the conduct OF the prosecution OF the
with Ianderpoel, Green & Cunning.